Sunday 31 January 2021

On Johnson's Usul al-Fiqh

(1) The use of Maslahah as source of law among the Usulis in 4th century Hijrah was divided into several groups; the Ash'ari theologians, the Hanfis and Malik bin Anas. Ghazali seems to disagree to these groups by stating maslahah is the preservation of what is known as maqasid - p.246

(2) According to the prominent Shafi'i scholars, maslahah remains subordinate to qiyas and must be attached to the text, otherwise it becomes similar to istihsan or masalahah mursalah - p.247

(3) According to western expert in Islamic law, Ibn Taymiyyah did not explicitly advocate the reopening of ijtihad ... but as a consequence of a narrowly formulated idea of consensus - p.250

(4) Shatibi is responsible the turn from traditional text-based literalism to a focus on the meta-legal notion of Sharia aims - p.252

(5) Shafi'i fashioned legal tool of Masalih Mursalah with a consistent all embracing fundamental legal principle rejecting Ghazali anti-rational instinct subsumed under Qiyas - p.252 

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